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All Journal IQRO: Journal of Islamic Education Substantive Justice International Journal of Law PROGRESIF: Jurnal Hukum
rafiqa sari
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Education Law, Crime, Criminology & Criminal Justice

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Journal : PROGRESIF: Jurnal Hukum

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Ultra Vires Perlindungan Hukum Terhadap Kreditur Dalam Perseroan Terbatas Rafiqa Sari; Winanda Kusuma; A. Cery Kurnia
PROGRESIF: Jurnal Hukum Vol 13 No 2 (2019): PROGRESIF:Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.515 KB) | DOI: 10.33019/progresif.v13i2.1225

Abstract

The Board of Directors in carrying out the management of the company is subject to the principles of civil law. If the Board of Directors deviates from the principle, it is called conducting Ultra Vires. This action can certainly have positive and negative consequences for shareholders both majority and minority can test at the General Meeting of Shareholders. The ultra vires action by the directors is detrimental to the creditor, the legal mechanism that needs to be studied in more depth to get the answer. This study aims to analyze the legal protection of creditors for directors of limited companies conducting Ultra Vires and analyze legal remedies against restoring the creditor's rights to directors of limited companies conducting Ultra Vires. (1) Does the law regulate the protection of creditors for directors of limited companies conducting Ultra Vires ?; (2) How does the law restore creditor rights over the directors of the limited company to conduct Ultra Vires ?. With these legal issues, the basis for protecting third parties. These principles include the Goodwill Principle, the Pacta Sunt Servanda Principle and the Modern Ultra Vires Doctrine. By relying on these fundamentals, preventive legal protection and repressive legal protection can be given. Legal remedies for recovery are based on the first, actions containing aspects of repairing and preventing, and secondly, actions or efforts containing aspects aimed at recovering, including ratification and compensation.
Kajian Terhadap Kedudukan Pemerintah Daerah Sebagai Pemohon Dalam Perlindungan Indikasi Geografis Darwance Darwance; Rafiqa sari; Tiara Ramadhani
PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.3504

Abstract

Data shows that Indonesia is a country that is rich in natural resources, even being the country with the most abundant natural resources in the world. From an intellectual property perspective, these potentials are products that can be protected based on communal ownership of geographical indications. After ratifying several international agreements, especially the TRIPs Agreement, Indonesia is obliged to have regulations that provide protection to geographical indications. In several existing regulations, local governments are given the authority as applicants when registering a product as a geographical indication at the ministry. In fact, the role of local governments is less than optimal, especially when viewed from the potential they have, plus regulations are not imperative. This research is normative with a statutory approach. From the results of the studies that have been carried out, it was found that the position of local governments in Law Number 20 of 2016 concerning Marks and Geographical Indications does not imperatively regulate the position of local governments specifically, so that only a few are registered due to the lack of local government contributions.
Co-Authors Darwance Darwance Pipi Susanti Tiara Ramadhani Winanda Kusuma